Detailed Answer — statute of limitations for assault claims in South Dakota

In South Dakota, most civil claims for personal injuries — including assault or assault-and-battery claims brought as tort actions — must be filed within three years of the date of the injury or the date you discovered (or reasonably should have discovered) the injury. The general limitations rule for personal injury actions is set by state law; see SDCL § 15‑2‑14 for the governing limitations period for actions for injuries to the person.

Key points to understand:

• Start of the clock: The limitations period typically begins on the date the assault occurred and you sustained injury or damage.
• Discovery rule: If an injury is not immediately apparent, the clock can start on the date you discovered (or reasonably should have discovered) the injury. Whether the discovery rule applies depends on facts in each case.
• Claims against government entities: If you intend to sue a state, county, or municipal entity, special notice and timing rules often apply. Governments frequently require a short pre‑suit notice period or have different limitations rules. Missing those shorter deadlines can bar your claim even if the general three‑year rule would otherwise allow suit.
• Minors and tolling: The limitations period may be paused (tolled) while the injured person is a minor; different rules can extend the deadline so that the claim can be filed after reaching majority. The tolling mechanics depend on the specific circumstances.
• Criminal vs. civil: Criminal prosecution for assault is separate from a civil lawsuit for damages. Criminal statutes of limitation and procedures differ from the civil deadlines discussed here.

Example (simple): If an assault occurred on March 1, 2023, you generally have until March 1, 2026 to file a civil lawsuit for personal injury arising from that assault, unless an exception or special rule applies.

Because exceptions and special rules matter a lot in practice (for example, claims against government actors, cases involving minors, or delayed discovery of injury), you should act early and consult an attorney if you are considering a claim.

Helpful Hints — practical steps and reminders

• Preserve evidence: keep photos, medical records, clothing, and any physical evidence. Save phone records and messages that document threats or the timeline.
• Document everything: make dated notes about what happened, names and contact information for witnesses, and any reports to police or security.
• Seek medical care promptly: an early medical record supports both care and documentation of injuries.
• Get a police report: if the incident was reported, obtain a copy. That report can support an insurance claim or lawsuit.
• Act before the deadline: do not rely on memory that you have “plenty of time.” Filing requirements and exceptions can shorten the period you actually have to sue.
• If you plan to sue a government actor: ask immediately about notice-of-claim requirements. Many governmental claims require a written notice to the agency or political subdivision within a short window before you can file suit.
• Talk with a lawyer early: an attorney can confirm the deadline that applies to your situation, preserve your rights, and help with evidence and court filings.
• Find local help: the State Bar of South Dakota provides resources and lawyer referral services — see sdbar.org.

Next steps

If you think you have an assault-related injury claim in South Dakota, gather records now (medical bills, photos, police reports, witness names) and contact a South Dakota personal injury attorney to evaluate your claim and confirm the deadline that applies to your facts. Early steps preserve evidence and keep your options open.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation and the deadlines that apply to your case, consult a licensed South Dakota attorney.